What this Agreement Covers
Welcome to the website of Sharon Henderson. I, Sharon Henderson (“I” or “we” or “us” or “Sharon”) and my associates provide our services to you subject to the following Terms of Service. If you visit or shop within this website, you accept these conditions. Please read them carefully.
License And Site Access
I grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with my express written consent. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without my express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to me and my associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Sharon Henderson, SharonxHenderson.com name or trademarks without my the express written consent. Any unauthorized use terminates the permission or license granted by me. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to my home page so long as the link does not portray me, my associates, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo belonging to me, or other proprietary graphic or trademark as part of the link without express written permission.
Your membership account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. I and my associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Emails, and Other Content
Visitors may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. I reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant me and my associates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant me and my associates and sub-licensees the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify me or my associates for all claims resulting from content you supply. I have the right but not the obligation to monitor and edit or remove any activity or content. I take no responsibility and assume no liability for any content posted by you or any third party. Risk of loss all items purchased from me are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
I and my associates attempt to be as accurate as possible. However, I do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by me is not as described, your sole remedy is to return it in unused condition.
Disclaimer of Warranties and Limitation of Liability
This site is provided by me on an “as is” and “as available” basis. I make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, I disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. I do not warrant that this site, its servers, or e-mail sent from me are free of viruses or other harmful components. I will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
I will make every effort to ensure you are happy with your purchase.
Refund Requirements Within 30 Days of Purchase
Web purchases may be returned in accordance with this policy by emailing us within 30 days of the original purchase date.
If you cancel within the first 30 days of your original purchase date in respect of any of our products, we will provide you with a full refund.
If you cancel more than 30 days after the original purchase date, you are not entitled to any refund amount.
All cancellations must be communicated via email. We do not accept cancellations over the phone.
Every email sent to us is confirmed by an automatic confirmation email that is sent back to the customer. If you feel that we did not cancel your account when you requested, please forward us your confirmation email response and we will honor your refund.
Non-Refundable after 30 Days of Purchase
Refunds cannot be granted once more than thirty (30) days from the date of purchase have elapsed.
If you have any questions or concerns about making a return, feel free to contact Support. I reserve the right to amend these terms at any time and to make exceptions on a case-by-case basis.
Site Policies, Modification, and Severability
I reserve the right to make changes to the site, policies, and these conditions of use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Intellectual Property Rights of Sharon Henderson and Third Parties
I am committed to the appropriate and legal use of the intellectual property of others, and I require users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on this site (collectively the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by me.
I am the owner of the Sharon Henderson trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by me from Institutions and other third parties (the “Licensed Marks”). By using this site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. I will notify you of such terms if your usage is in violation of such terms.
I accept STRIPE payments. All payments sent electronically are securely transmitted.
I also accept payment via purchase order for qualified customers. Invoices may be paid by check or credit or debit card.
Limitation of Liability
I do not accept liability for the purchase, use or return of my products beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, loss of business or for lost or corrupted data or software, or the provision of services and support. The information and materials contained in this Site, including text, graphics, links or other items, are provided “as is”, “as available”.
I do not warrant the accuracy, adequacy or completeness of the information and materials on this Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
I shall not be liable for any consequential, special, indirect or punitive damages, even if advised of the possibility of such damages or for any claim by any third party, even if I, or representatives thereof, are advised of the possibility of such damages, losses or expenses. You agree that for any liability related to the purchase of a product or products, I am not liable or responsible for any amount of damages above the amount invoiced for the applicable product. Some jurisdictions may not enforce all of these limitations, and only the limitations that are lawfully applied to you in your jurisdiction will apply.
By visiting this site, you agree that the laws of New Zealand, without regard to principles of conflict of laws, will govern these conditions of use and any dispute of any sort that might arise between you and me or my associates.
Any dispute relating in any way to your visit to this site or to products you purchase through this site shall be submitted to confidential arbitration in Auckland, New Zealand, except that, to the extent you have in any manner violated or threatened to violate my intellectual property rights, I may seek injunctive or other appropriate relief in any court in New Zealand, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration pursuant to this agreement shall be conducted under the rules then prevailing of the New Zealand arbitration association. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.
You agree to defend, indemnify and hold me and my affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of this website and my products and services, your violation of this Agreement, or your violation of any rights of another.
This Agreement shall be governed by the laws of New Zealand.